RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01342
INDEX NUMBER: 128.14
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he is qualified for Combat-Related Special
Compensation (CRSC) benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should be entitled to receive CRSC benefits since combat-related
injuries rendered him unfit for duty and he is receiving 100% disability
from the Department of Veterans Affairs (DVA).
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was permanently retired for disability effective 3 May 1948, with
a disability rating of 40%. He completed 4 years, 10 months, and 19 days
of active federal military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in part, that
although his disability rating exceeds the required 10% rating, he does not
qualify for CRSC since he did not complete 20 years of active service.
The Combat-Related Special Compensation (CRSC) program, established by
Public Law (PL) 107-314, provides compensation to certain retirees with
combat-related disabilities.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1 Jul
2004 for review and comment within 30 days. As of this date, no response
has been received by this office (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case. However, after
careful review of the available records, it appears he has been credited
with all active service creditable under the governing regulation and laws
in effect at the time of his disability retirement. We therefore agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt their rationale as the basis for our conclusion
that applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2004-01342
in Executive Session on 15 September 2004, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Martha A. Maust, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Apr 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 21 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 1 Jul 04.
THOMAS S. MARKIEWICZ
Chair
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